Florida Statute 373.413 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 373
WATER RESOURCES

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F.S. 373.413

373.413 Permits for construction or alteration.—

(1) Except for the exemptions set forth herein, the governing board or the department may require such permits and impose such reasonable conditions as are necessary to assure that the construction or alteration of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works will comply with the provisions of this part and applicable rules promulgated thereto and will not be harmful to the water resources of the district. The department or the governing board may delineate areas within the district wherein permits may be required.

(2) A person proposing to construct or alter a stormwater management system, dam, impoundment, reservoir, appurtenant work, or works subject to such permit shall apply to the governing board or department for a permit authorizing such construction or alteration. The application shall contain the following:

(a) Name and address of the applicant.

(b) Name and address of the owner or owners of the land upon which the works are to be constructed and a legal description of such land.

(d) Sketches of construction pending tentative approval.

(e) Name and address of the person who prepared the plans and specifications of construction.

(f) Name and address of the person who will construct the proposed work.

(g) General purpose of the proposed work.

(h) Such other information as the governing board or department may require.

(3) After receipt of an application for a permit, the governing board or department shall publish notice of the application by sending a notice to any persons who have filed a written request for notification of any pending applications affecting the particular designated area. Such notice may be sent by regular mail. The notice shall contain the name and address of the applicant; a brief description of the proposed activity, including any mitigation; the location of the proposed activity, including whether it is located within an Outstanding Florida Water or aquatic preserve; a map identifying the location of the proposed activity subject to the application; a depiction of the proposed activity subject to the application; a name or number identifying the application and the office where the application can be inspected; and any other information required by rule.

(4) In addition to the notice required by subsection (3), the governing board or department may publish, or require an applicant to publish at the applicant’s expense, in a newspaper of general circulation within the affected area, a notice of receipt of the application and a notice of intended agency action. This subsection does not limit the discretionary authority of the department or the governing board of a water management district to publish, or to require an applicant to publish at the applicant’s expense, any notice under this chapter. The governing board or department shall also provide notice of this intended agency action to the applicant and to persons who have requested a copy of the intended agency action for that specific application.

(5) The governing board or department may charge a subscription fee to any person who has filed a written request for notification of any pending applications to cover the cost of duplication and mailing charges.

(6) It is the intent of the Legislature that the governing board or department exercise flexibility in the permitting of stormwater management systems associated with the construction or alteration of systems serving state transportation projects and facilities. Because of the unique limitations of linear facilities, the governing board or department shall balance the expenditure of public funds for stormwater treatment for state transportation projects and facilities with the benefits to the public in providing the most cost-efficient and effective method of achieving the treatment objectives. In consideration thereof, the governing board or department shall allow alternatives to onsite treatment, including, but not limited to, regional stormwater treatment systems. The Department of Transportation is responsible for treating stormwater generated from state transportation projects but is not responsible for the abatement of pollutants and flows entering its stormwater management systems from offsite sources; however, this subsection does not prohibit the Department of Transportation from receiving and managing such pollutants and flows when cost effective and prudent. Further, in association with right-of-way acquisition for state transportation projects, the Department of Transportation is responsible for providing stormwater treatment and attenuation for the acquired right-of-way but is not responsible for modifying permits for adjacent lands affected by right-of-way acquisition when it is not the permittee. The governing board or department may establish, by rule, specific criteria to implement the management and treatment alternatives and activities under this subsection.

History.—s. 4, part IV, ch. 72-299; s. 19, ch. 73-190; s. 14, ch. 78-95; s. 13, ch. 89-279; s. 500, ch. 94-356; s. 74, ch. 2012-174.

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Amendments to 373.413

Arrestable Offenses / Crimes under Fla. Stat. 373.413

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 373.413.

Annotations, Discussions, Cases:

Cases Citing Statute 373.413

Total Results: 12

St. Johns River Water Management District v. Molica

Court: District Court of Appeal of Florida | Date Filed: 2011-08-19

Citation: 83 So. 3d 765, 2011 Fla. App. LEXIS 13029, 2011 WL 3627412

Snippet: environmental resource permitting programs in Sections 373[.]413 and 373[.]416, FS[.] In part, the District has

A. Duda & Sons, Inc. v. St. Johns River Water Management District

Court: District Court of Appeal of Florida | Date Filed: 2009-07-17

Citation: 17 So. 3d 738, 2009 Fla. App. LEXIS 9759, 2009 WL 2067373

Snippet: harmful to the water resources of the district." § 373.413(1), Fla. Stat. (2007) (emphasis added). "Works"

ST. JOHNS RIVER v. Consolidated-Tomoka

Court: District Court of Appeal of Florida | Date Filed: 1998-07-29

Citation: 717 So. 2d 72

Snippet: Surface Waters." Contained within Part IV is section 373.413, Florida Statutes, which provides: [T]he governing

Save Anna Maria, Inc. v. Dept. of Transp.

Court: District Court of Appeal of Florida | Date Filed: 1997-10-08

Citation: 700 So. 2d 113, 1997 WL 614823

Snippet: arises. Rather, SWFWMD is authorized by section 373.413, Florida Statutes (1991), to require a stormwater

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-04-10

Snippet: storage of surface waters in this state. Section 373.413(1), Florida Statutes, provides: "Except for the

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-12-06

Snippet: area subject to mitigation requirements. Section 373.413(1), Florida Statutes, provides that with certain

Wiregrass Ranch v. Saddlebrook Resorts

Court: Supreme Court of Florida | Date Filed: 1994-09-01

Citation: 645 So. 2d 374, 19 Fla. L. Weekly Supp. 414, 1994 Fla. LEXIS 1331, 1994 WL 469187

Snippet: districts by the legislature, particularly section 373.413, Florida Statutes 1989, jurisdiction of the agency

Gilbertson v. Lennar Homes, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-12-29

Citation: 629 So. 2d 1029, 1993 WL 538235

Snippet: Water Management Permit on October 11, 1979. See § 373.413(1), Fla. Stat. (1979); Fla. Admin. Code R. 16K-4

Save the St. Johns River v. WATER MGT. DIST.

Court: District Court of Appeal of Florida | Date Filed: 1993-08-23

Citation: 623 So. 2d 1193, 1993 Fla. App. LEXIS 8650

Snippet: stormwater management system is set forth in section 373.413, Florida Statutes (1991). Subparagraph (1) of that

Saddlebrook Resorts v. Wiregrass Ranch

Court: District Court of Appeal of Florida | Date Filed: 1993-07-09

Citation: 630 So. 2d 1123, 1993 WL 247145

Snippet: the parties and the option of SWFWMD. Section 373.413, Florida Statutes (1989), is the substantive statute

Booker Creek Pres., Inc. v. SW FLA. WATER MGT. DIST.

Court: District Court of Appeal of Florida | Date Filed: 1988-09-22

Citation: 534 So. 2d 419, 1988 WL 96447

Snippet: permits for the construction or alteration (§ 373.413), maintenance and operation of such structures

Pal-Mar Water Management District v. Board of County Commissioners

Court: District Court of Appeal of Florida | Date Filed: 1980-05-28

Citation: 384 So. 2d 232, 1980 Fla. App. LEXIS 16263

Snippet: IV, Florida Statutes, in particular, Sections 373.413 and 373.416. Pal-Mar contends that its drainage